This oral order disposed of a petition challenging Rule 4(3)(ii) of Gujarat Medical Admission Rules 2017, citing a prior batch judgment (S.C.A. No. 8590 of 2018) that upheld the rule, thereby requiring no fresh adjudication.
The writ petition is disposed of following the judgment dated 25th June, 2018 in Special Civil Application No.8590 of 2018.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SCA/10253/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10253 of 2018
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SOFIYA USMANGANI TINTOIA
Versus STATE OF GUJARAT
========================================================== Appearance:
MR R.K.MANSURI(3205) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 2 MR DM DEVNANI, AGP (99) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY and HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 05/07/2018
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)
1.This petition is filed with the prayers,
which read as under:
“(A)THIS HON'BLE COURT MAY BE PLEASED TO
hold that the provisions of the Rule 4(3)(ii)
of the Gujarat Professional Medical
Educational Courses(Regulation of Admission
in Undergraduate Courses) Rules 2017 are
illegal, unconstitutional, arbitrary and
therefore ultra vires of the Constitution of
India.
(B)THIS HON'BLE COURT MAY BE PLEASED TO
strike out and/or read down the provisions of
the Rule 4(3)(ii) of the Gujarat Professional
Medical Educational Courses(Regulation of
Admission in Undergraduate Courses) Rules
2017 is illegal, unconstitutional, arbitrary
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C/SCA/10253/2018 ORDER
and therefore ultra vires of the Constitution
of India.
(C)Pending admission, hearing and final
disposal of the present petition, THIS
HON'BLE COURT MAY BE PLEASED TO stay the
implementation, operation and applicability
of the provisions of the Rule 4(3)(ii) of the
Gujarat Professional Medical Educational
Courses(RegulationofAdmissionin
Undergraduate Courses) Rules 2017 illegal,
unconstitutional, arbitrary and therefore
ultra vires of the Constitution of India.
(D)THIS HON'BLE COURT MAY BE PLEASED TO
directtherespondentNo.2-Chairman,
Admission committee for Professional to
consider the Petitioner eligible for
admission in the undergraduate medical and
paramedical courses in the 85% quota reserved
for the students domicile of State of
Gujarat.
(E)Pending admission, hearing and final
disposal of the present petition, THIS
HON'BLE COURT MAY BE PLEASED TO direct the
respondent No.2-Chairman, Admission committee
for Professional to consider the Petitioner
eligible for admission in the undergraduate
medical and paramedical courses in the 85%
quota reserved for the students domicile of
State of Gujarat.
(F)THIS HON'BLE COURT MAY BE PLEASED TO
grant such other and further relief/s as may
be deemed fit, just and proper in the facts
and circumstances of the case.”
2.The validity of the very same Rule fell
for consideration before this Court in a batch of
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C/SCA/10253/2018 ORDER
cases in Special Civil Application No.8590 of
2018 and allied matters. This Court has upheld
the said Rule by judgment dated 25th June, 2018.
3.In view of the said judgment rendered by
this Court in a batch of cases, we are of the
view that, subject matter of this petition is
covered to be disposed of. Following the judgment
dated 25th June, 2018 rendered in Special Civil
Application No.8590 of 2018 and batch, this
Special Civil Application is disposed of with
directions as indicated in the said judgment.
(R.SUBHASH REDDY, CJ)
(VIPUL M. PANCHOLI, J)
RADHAKRISHNAN K.V.
Page 3 of 3
2 issues framed by the court
Whether the validity of Rule 4(3)(ii) of the Gujarat Professional Medical Educational Courses(Regulation of Admission in Undergraduate Courses) Rules 2017 requires fresh consideration.
Whether the petition needs to be disposed of in light of the judgment in Special Civil Application No.8590 of 2018.
Colour shows how this judgement treated each authority
Special Civil Application No.8590 of 2018Followed¶31
1 provisions across 1 enactments
SOFIYA USMANGANI TINTOIA
STATE OF GUJARAT
R. SUBHASH REDDY
VIPUL M. PANCHOLI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court